Harbours, Docks and Piers Clauses Act 1847
10 & 11 Vict. c. 27 · Enacted 11 May 1847 · Extends to United Kingdom
An Act for consolidating in One Act certain Provisions usually contained in Acts authorizing the making and improving of Harbours, Docks, and Piers.
[11th May 1847]C1C2C3C4C5C6I1C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21C22C23C24C25C26C27C28C29C30C31C32C33C34C35C36C37C38C39C40C41C42C43C44C45C46C47C48C49C50C51C52C53
Annotations to the whole text
Modifications
- C1
Act extended (S.) by Harbours, Piers and Ferries (Scotland) Act 1937 (c. 28), s. 10
- C2
Functions of clerk of the peace relating to the deposit of plans or documents now exercisable by proper officer of the local authority: Courts Act 1971 (c. 23), Sch. 8 para. 1 and Local Government Act 1972 (c. 70), Sch. 29 para. 4
- C3
References to sheriff clerk of a county to be construed as reference to sheriff clerk of sheriff court district concerned: Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. I para. 1(3)
- C4
Preamble omitted under authority of Statute Law Revision Act 1891 (c. 67)
- C5
References to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2
- C6
This act is not necessarily in the form in which it has effect in Northern Ireland.
- C7
Act incorporated in part (with modifications) (E.W.S.) (5.12.1989) by S.I. 1989/2036, art. 6 and Act incorporated in part (with modifications)(E.W.S.)(12. 3. 1991) by S.I. 1991/993, arts. 3(1)(2), 9, 10.
- C8
Act restricted (E.W.S.)(23. 5. 1991) by S.I. 1991/1257, art. 23(2)(a).
- C9
Act restricted (E.W.S.)(23. 5. 1991) by S.I. 1991/1258, art. 23(2)(a).
- C10
Act restricted (E.W.S.)(23. 7. 1991) by S.I. 1991/1745, art. 15(2)(a).
- C11
Definition "the prescribed limits" in this Act modified (E.W.S.) (20.3.1992) by S.I. 1992/1136, art. 9(3)
- C12
Act extended (5.11.1993) by S.I. 1993/2733, art.9(3)
- C13
Act amended (4.9.2000) by S.I. 2000/2251, art. 3(3)
- C14
Act incorporated in part (with modifications) (E.W.S.) (2.7.1992) by S.I. 1992/1623, art.3.
Act incorporated in part (with modifications) (16.7.1992) by section 3 of the order contained in the Schedule to Peterhead Harbours Order Confirmation Act 1992 (c. xii)
Act incorporated in part (with modifications) (17.3.1993) by S.I. 1993/1313, art.3
Act incorporated in part (with modifications) (27.9.1993) by S.I. 1993/2176, art.3
Act incorporated in part (with modifications) (5.11.1993) by S.I. 1993/2733, art.3
Act incorporated in part (with modifications) (5.11.1993) by 1993 c. 42, s.18
Act incorporated in part for certain purposes (with modifications) (28.5.1994) by S.I. 1994/1440, arts. 3, 6
Act incorporated in part for certain purposes (with modifications) (8.7.1994) by S.I. 1994/1693, art. 3
Act incorporated in part for certain purposes (with modifications) (30.8.1994) by S.I. 1994/2298, art. 3
Act incorporated in part for certain purposes (with modifications) (1.11.1994) by S.I. 1994/2733, art. 3
Act incorporated in part for certain purposes (with modifications) (21.7.1994) by 1994 c. xiii, s. 12, Sch. 4
Act incorporated in part for certain purposes (with modifications) (13.4.1995) by S.I. 1995/1063, art. 3(1)
Act incorporated in part for certain purposes (with modifications) (19.8.1996) by S.I. 1996/2103, art. 3
Act incorporated in part for certain purposes (with modifications) (1.1.1998) by S.I. 1997/2949, art. 3
Act incorporated in part for certain purposes (with modifications) (1.4.1998) by S.I. 1998/683, art. 3
Act incorporated in part for certain purposes (with modifications) (22.4.1998) by S.I. 1998/1016, art. 3
Act incorporated in part for certain purposes (with modifications) (11.5.1998) by S.I. 1998/1215, art. 3
Act incorporated in part (with modifications) (E.W.S.) (8.7.1999) by S.I. 1999/2513, arts. 3, 9, 20
Act incorporated in part (with modifications) (1.8.2000) by S.I. 2000/2103, art. 3
Act incorporated in part (with modifications) (25.8.2000) by S.I. 2000/2152, art. 3
Act incorporated in part (with modifications)(4.9.2000) by S.I. 2000/2251, art. 3(1)(2)
Act incorporated in part (with modifications) (S.)(21.8.2000) by S.I. 2000/289, art. 3
Act incorporated in part (with modifications) (S.)(10.7.2001) by S.S.I. 2001/262, art. 3(1) (with art. 39)
Act incorporated in part (with modifications) (S.) (5.9.2002) by S.S.I. 2002/410, art. 3(1) (with arts. 59, 61)
- C15
Act incorporated in part (with modifications) (E.W.S.) (30.8.2004) by Associated British Ports (Immingham Outer Harbour) Harbour Revision Order 2004 (S.I. 2004/2190), arts. 1, 3 (with art. 20)
- C16
Act incorporated in part (with modifications) (S.) (15.6.2005) by Caledonian MacBrayne Limited (Kennacraig) Harbour Empowerment Order 2005 (S.S.I. 2005/353), arts. 1(1), 3 (with art. 39)
- C17
Act incorporated in part (with modifications) (E.W.S.) (25.4.2006) by Associated British Ports (Hull) Harbour Revision Order 2006 (S.I. 2006/1135), arts. 1, 3
- C18
Act incorporated in part (with modifications) (S.) (26.5.2007) by Port of Cairnryan Harbour Empowerment Order 2007 (S.S.I. 2007/308), arts. 1, 3 (with arts. 32, 33)
- C19
Act incorporated in part (with modifications) (E.W.S.) (31.5.2007) by St Mary's (Isles of Scilly) Harbour Revision Order 2007 (S.I. 2007/1554), arts. 1, 3 (with arts. 19, 20)
- C20
Act incorporated in part (with modifications) (E.W.S.) (6.7.2007) by Associated British Ports (Immingham Gas Jetty) Harbour Revision Order 2007 (S.I. 2007/1803), arts. 1, 3
- C21
Act incorporated in part (E.W.S.) (29.12.2007) by Maryport Harbour Revision Order 2007 (S.I. 2007/3463), arts. 1(1), 3 (with arts. 78, 80, 81)
- C22
Act incorporated in part (with modifications) (S.) (7.5.2008) by Caledonian Maritime Assets Limited (Largs) Harbour Revision Order 2008 (S.S.I. 2008/182), arts. 1, 3 (with arts. 54, 55)
- C23
Act incorporated in part (with modifications) (E.W.S.) (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 3, 4(2), 37, 40, 42 (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))
- C24
Act incorporated in part (with modifications) (S.) (23.5.2008) by The Dumfries and Galloway Council (Isle of Whithorn) Harbour Empowerment Order 2008 (S.S.I. 2008/189), arts. 1, 3 (with arts. 53-56)
- C25
Act incorporated in part (with modifications) (S.) (23.5.2008) by Dumfries and Galloway Council (Port William) Harbour Empowerment Order 2008 (S.S.I. 2008/188), arts. 1, 3 (with arts. 53-56)
- C26
Act incorporated in part (with modifications) (S.) (23.5.2008) by Dumfries and Galloway Council (Garlieston) Harbour Empowerment Order 2008 (S.S.I. 2008/190), arts. 1, 3 (with arts. 53(1), arts. 54-56)
- C27
Act incorporated in part (with modifications) (S.) (7.11.2008) by Whiteness Marina Harbour Revision Order 2008 (S.S.I. 2008/361), arts. 1(1), 3 (with arts. 31, 33)
- C28
Act incorporated in part (with modifications) (S.) (29.1.2009) by Port Babcock Rosyth Harbour Empowerment Order 2009 (S.S.I. 2009/27), arts. 1, 3 (with arts. 36, 37)
- C29
Act incorporated in part (with modifications) (E.W.S.) (18.9.2009) by Penzance Harbour Revision Order 2009 (S.I. 2009/2325), arts. 1, 3 (with arts. 39, 40)
- C30
Act incorporated in part (with modifications) (S.) (4.2.2010) by The Loch Ryan Port (Harbour Empowerment) Order 2009 2010 (S.S.I. 2010/31), arts. 1, 3 (with art. 32)
- C31
Act incorporated in part (with modifications) (E.W.S.) (7.4.2011) by The Associated British Ports (Grimsby Riverside Ro-Ro Terminal) Harbour Revision Order 2011 (S.I. 2011/950), arts. 1, 3
- C32
Act incorporated in part (with modifications) (E.W.S.) (16.1.2012) by The Portsmouth (Continental Ferry Port Berth 2 Extension) Harbour Revision Order 2011 (S.I. 2011/3032), arts. 1(1), 3 (with arts. 21-23)
- C33
Act incorporated in part (with modifications) (E.W.S.) (23.7.2012) by The Poole Harbour Revision Order 2012 (S.I. 2012/1777), arts. 1(2), 3, 8(3)(b) (with arts. 58, 59) (as amended (23.7.2026) by S.I. 2026/724, arts. 1(1), 39(3) (with arts. 19, 36, 37))
- C34
Act incorporated in part (with modifications) (E.W.S.) (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 53 (with arts. 48, 68, 79, 83)
- C35
Act incorporated in part (with modifications) (E.W.) (29.10.2014) by The Able Marine Energy Park Development Consent Order 2014 (S.I. 2014/2935), art. 3 (with arts. 8(2), 30(4), 53)
- C36
Act incorporated in part (with modifications) (E.W.S.) (7.3.2016) by The Newhaven Harbour Revision Order 2016 (S.I. 2016/151), art. 19 (with arts. 29, 30)
- C37
Act incorporated in part (with modifications) (E.W.S.) (1.8.2017) by The Folkestone Harbour Revision Order 2017 (S.I. 2017/601), art. 3(1)-(6) (with art. 49)
- C38
Act incorporated in part (with modifications) (E.W.S.) (17.2.2021) by The Weymouth Harbour Revision Order 2021 (S.I. 2021/43), art. 3 (with arts. 42, 44)
- C39
Act excluded in part (S.) (4.3.2021) by The Eyemouth Harbour Revision Order 2021 (S.S.I. 2021/118), arts. 1(1), 3(2) (with arts. 36, 37)
- C40
Act incorporated in part (with modifications) (E.W.S.) (10.3.2021) by The Newport (Isle of Wight) Harbour Revision Order 2021 (S.I. 2021/139), art. 12 (with arts. 17, 18)
- C41
Act incorporated in part (with modifications) (E.W.S.) (11.3.2021) by The Fowey Harbour Revision Order 2021 (S.I. 2021/130), art. 3 (with arts. 15, 16)
- C42
Act incorporated in part (with modifications) (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), arts. 1, 49 (with arts. 62, 75, 76, 87)
- C43
Act incorporated in part (with modifications) (E.W.) (12.7.2023) by The Dee Estuary Conservancy Harbour Revision (No. 2) Order 2023 (S.I. 2023/690), arts. 1(1), 3 (with arts. 40, 41, 43)
- C44
Act incorporated in part (with modifications) (E.W.) (14.7.2023) by The Cornwall Harbours Harbour Revision Order 2023 (S.I. 2023/675), arts. 1(1), 3 (with arts. 65, 66)
- C45
Act incorporated in part (with modifications) (E.W.) (17.7.2023) by The Portreath, Portscatho and Portwrinkle Harbour Empowerment Order 2023 (S.I. 2023/680), arts. 1(1), 3 (with arts. 6, 7)
- C46
Act applied (W.) (24.2.2024) by The Port Talbot Harbour (Extension of Limits) Harbour Revision Order 2024 (S.I. 2024/147), arts. 1(2), 4 (with art. 5)
- C47
Act incorporated in part (with modifications) (E.W.S.) (25.10.2024) by The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024 (S.I. 2024/1014), arts. 1, 4 (with arts. 36, 40, Sch. 4 para. 15)
- C48
Act excluded in part (S.) (7.11.2024) by The Dumfries and Galloway Council (Stranraer) Harbour Revision Order 2024 (S.S.I. 2024/325), arts. 1, 3(2) (with arts. 42-44)
- C49
Act excluded (1.12.2024) by Seafarers Wages Act 2023 (c. 8), ss. 11(8), 20(3) (with s. 1(2)); S.I. 2024/1008, reg. 2
- C50
Act incorporated in part (with modifications) (27.2.2025) by The Associated British Ports (Immingham Green Energy Terminal) Order 2025 (S.I. 2025/165), arts. 1, 4 (with arts. 48, 59, Sch. 14)
- C51
Act incorporated in part (with modifications) (15.12.2025) by The Portsmouth International Port and Camber Harbour Revision Order 2025 (S.I. 2025/1223), arts. 1(1), 3 (with arts. 31, 59-61)
- C52
Act incorporated in part (with modifications) (20.2.2026) by The Lyme Regis, Bridport (West Bay) and Weymouth Harbour Revision Order 2026 (S.I. 2026/62), arts. 1(1), 3 (with arts. 30, 51, 52)
- C53
Act incorporated in part (with modifications) (24.9.2026) by The Montrose Harbour Revision Order 2026 (S.S.I. 2026/273), arts. 1(1), 3 (with arts. 33, 48, 49)
Commencement
- I1
Act wholly in force at Royal Assent
Contents
- 1Extent of Act.
- Interpretations in this Act
- 2Section 2
- 3Interpretations in this and the special Act.
- 3AInterpretation: the Crown Estate and Scotland
- Citing the Act
- 4Short title of this Act.
- 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Construction of harbour, dock, or pier
- 6Construction of harbour, dock, or pier, to be subject to the provisions of this Act and one of the Lands Clauses Consolidation Acts.
- 7Errors and omissions in plans, &c. may be corrected by justices, &c. who shall certify the same.
- 8Works not to be proceeded with until plans of all alterations authorized by Parliament have been deposited.
- 9Clerks of the peace, &c. to receive plans of alterations, and allow inspection.
- 10Copies of plans, &c. to be evidence.
- 11No deviation beyond the limits defined upon plans.
- 12†Works on the shore of the sea, &c. not to be constructed without the authority of the Commissioners of Woods, &c. and of the Admiralty.
- 13†Before alterations in plans are executed, to be approved of by the Admiralty and the Commissioners of Woods, &c.
- Accommodation for custom house officers
- 14Undertakers to erect watch-house and boat-house for custom house officers, and keep the same in repair.
- 15Penalty on undertakers neglecting to repair watch-house, &c.
- Life-boats
- 16Life-boats, &c. to be provided by undertakers.
- 17Penalty for not providing life-boat, &c.
- Tide gauge, &c.
- 18A self-registering tide gauge and barometer to be provided by undertakers.
- 19Penalty for not providing tide gauge, &c.
- Warehouses and cranes
- 20Power to purchase additional land required for extraordinary purposes.
- 21Power to construct warehouses and other works.
- 22Undertakers to hire persons to work cranes.
- 23Power to lease wharfs, warehouses, &c.
- 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Rates
- 25Rates not to be taken until the works shall be completed.
- 26Certificate of magistrate to be evidence that the harbour &c. is completed.
- 27Tonnage of British registered vessels to be ascertained according to law; of other vessels according to established rules.
- 28Exemption of vessels in her Majesty’s service, &c. from rates.
- 29Vessels returning from stress of weather not to pay rates again.
- 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 31As to the rates on foreign vessels where treaties of reciprocity exist.
- 32Power to compound for tolls payable in respect of passenger or pleasure vessels.
- 33Harbour, dock, and pier free to the public on payment of rate.
- Collection of rates
- 34Collector may enter vessels to ascertain rates payable.
- 35Master to report arrival of vessel.
- 36Master of vessel to produce certificate of registry.
- 37Masters of vessels to give accounts of goods intended to be unshipped within the limits, &c.
- 38Penalty on masters giving no account, or a false account, of goods to be unshipped.
- 39Shippers to give an account of goods intended to be shipped.
- 40In case of dispute between collector and master, &c. goods to be weighed or measured.
- 41As to the expences of weighing or measuring goods.
- 42Rates on goods when payable.
- 43Penalty on evading payment of rates.
- 44Recovery of tonnage rates by distraint of ship and tackle.
- 45Recovery of rates on goods.
- 46Disputes concerning rates or charges occasioned by distress to be settled by a justice in England or Ireland, and in Scotland by the sheriff.
- 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 48Collector of customs may withhold a clearance to any vessel until the rates paid.
- Account of rates
- 49Undertakers to keep account of rates and vessels, &c.
- 50Annual account to be prepared and transmitted to the clerk of the peace in England or Ireland, or to the sheriff in Scotland.
- Harbour, dock, and pier master
- 51Appointment of harbour, dock, or pier master.
- 52Powers of harbour, dock, or pier master.
- 53Penalty on shipmasters not complying with directions of the harbour master.
- 54Penalty on harbour master for misbehaviour.
- 55Penalty on offering bribes to dock officers, and on officers taking bribes.
- 56Harbour master may remove wrecks, &c.
- 57Unserviceable vessels to be altogether removed from harbour.
- 58Harbour master may remove vessels within docks, &c.
- 59Vessels entering harbour or dock to be dismantled as harbour master shall direct.
- 60Vessels to have their sails lowered when entering and navigating dock.
- 61Vessels to have hawsers, &c. fixed to moorings.
- 62Penalty for wilfully cutting moorings.
- 63Penalty on vessels lying near the entrance of harbour or dock without permission.
- 64Vessels may be removed for the purpose of repairing harbour or dock.
- 65Harbour master may remove such vessel if the master thereof neglect or refuse so to do.
- Discharge of cargoes and removal of goods
- 66Delivery of cargoes and placing of discharged vessels.
- 67Penalty on wharfingers giving undue preference.
- 68Goods may be removed from the quays, &c. after lying there longer than allowed by byelaws.
- Protection of the harbour, dock, and pier
- 69Combustible matter on quays, &c., to be removed.
- 70Combustibles to be guarded during the night.
- 71Penalties against offences herein named:
- 72Power to enter ship and search for and extinguish fires or lights.
- 73Penalty for throwing ballast, &c., into harbour or dock.
- 74Owner of vessel answerable for damage to works.
- 75As to the recovery of amount of damage to quays, &c.
- 76Owner may recover damage from his servants.
- Lighthouses, beacons, and buoys
- 77Power to erect lighthouses and lay down buoys, with consent of Trinity House.
- 78Lights, beacons, or sea-marks not to be exhibited or altered without sanction of Trinity House
- Harbour and dock police
- 79Justices to appoint special constables named by the undertakers.
- 80Dismissal of constables.
- Meters and weighers
- 81Power to appoint meters and weighers.
- 82Licensed meters and weighers only to be employed.
- Byelaws
- 83Byelaws may be made for all or any of the purposes herein named.
- 84Byelaws may be enforced by imposition of penalties.
- 85No byelaws to come into operation until allowed in the manner prescribed, and approved by one of the judges.
- 86Notice of allowance of byelaws to be given in one or more newspapers.
- 87A copy of proposed byelaws to be open to inspection.
- 88Publication of byelaws.
- 89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 90Proof of publication of byelaws.
- 91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Recovery of damages and penalties
- 92Railways Clauses Consolidation Act, 1845, as to damages, &c. to be incorporated with this and the special Act.
- 93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 94All things required to be done by two justices in England and Ireland may, in certain cases, be done by one, and in Scotland by the sheriff, &c.
- 95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Access to special Act
- 97Copies of special Act to be kept by undertakers at their office, and deposited with the clerks of the peace, &c., and be open to inspection.
- 98Penalty on undertakers failing to keep or deposit such copies.
- Saving of rights
- 99Nothing in this or the special Act to affect the rights of the crown;
- 100nor the rights of the crown as to revenue, &c.;
- 101nor the rights of the City of London;
- 102nor the rights of Trinity House, &c.
- 103Act not to exempt the undertakers from the provisions of any general Act.
- 104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed